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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Oregon on
Q: Can someone enter into a contract regarding certain activities being done on my property without my knowledge.

I own 20 acres and I am the sole owner of it. I am married but my husband is not on the deed. Our neighbors obtained stalking orders against him regarding his shooting on my property. I was pregnant at the time and he didn't want me to stress in fear of losing the baby so he didn't tell... Read more »

James L. Arrasmith
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answered on May 24, 2023

In most cases, a contract requires the consent of all parties involved. If your husband entered into a contract regarding activities on your property without your knowledge or consent, it may raise questions about the validity and enforceability of that contract. However, legal matters can be... Read more »

0 Answers | Asked in Real Estate Law for Oregon on
Q: My neighbor put a chain and padlock on his side of my fence without discussing with me. Is there an easement right ?

It is a short distance to the the dog park along an edge that drops off. He is angry because we have asked permission to reconstruct a small portion of the home we purchased from him

1 Answer | Asked in Real Estate Law, Gov & Administrative Law, Native American Law and Probate for Oregon on
Q: Is there a statue of limitations on Indian land trust in Oregon? If i have living will that bequeath as me as the heir

I am sole heir named in will but it's been 17years and the county where land is told me the trustee lost it to taxes.

James L. Arrasmith
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answered on May 5, 2023

I recommend consulting with a licensed attorney who specializes in Indian law and/or land law in Oregon to obtain accurate and relevant legal advice. They can help you navigate the specific details of your situation and provide guidance on your rights and options.

0 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Arbitration / Mediation Law for Oregon on
Q: In Oregon if someone is awarded possession of a business or property by a judge can previous owner reacuire the property

An inlaw of mine won possession in court of a business and property from someone in a dispute it was a long battle as well. But recently the previous owner was able to repossess the property without the person who was awarded it in court having been notified how could that be possible.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I'm a landlord. I own four rental units on single property. Tenant in one unit here since Jan 1 2023.

Lease is fixed-term (one year). I want to move into unit. Is that possible? What is required by me? Thank you.

Gregory L Abbott
Gregory L Abbott
answered on Apr 3, 2023

You have no right to terminate a fixed term lease before the lease termination date unless it is for cause. It is, after all, the whole point of a fixed term - both sides are assured of maintaining the situation for the length of the lease. If they are willing to voluntarily move, that is... Read more »

1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Oregon on
Q: Can Oregon take my home if my mother left it to me and she signed a waiver to the state for home health care. She is dec

Eased and I am disabled

Theressa Hollis
Theressa Hollis
answered on Mar 27, 2023

If you can prove to the state that you are disabled then you may be able to qualify to have Estate Recovery stop collecting. I recommend you hire an experienced Medicaid attorney to assist you.

2 Answers | Asked in Real Estate Law, Constitutional Law and Legal Malpractice for Oregon on
Q: Someone please tell me how it's not illegal for the courts to order a homeowner to give their home to a land owner?

I've bought my home in May of 2017 from the former owner on an agreement that because it's converted to real property and I own it, but not the land it's attached to, I won't have to worry if hard times arise and I cannot pay the monthly land rent, I will have the option to sell... Read more »

TeAnna Rice
TeAnna Rice
answered on Mar 20, 2023

In some situations it is possible to own your home, but rent the land (i.e. manufactured home). It is recommended to consult with a landlord tenant attorney and/or a real estate attorney regarding your rights and options in your specific scenario, as certain laws do apply.

To answer your...
Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Wat does a notice of entry of judgment limited mean
Gregory L Abbott
Gregory L Abbott
answered on Mar 11, 2023

It means that some sort of Judgement was entered by the court in a case in which you are listed as a party. If you want to know more, you need to either access the court computerized records or talk with a clerk at the court where it was entered.

1 Answer | Asked in Real Estate Law for Oregon on
Q: I inherited property. The man I inherited the property from has a sister who has a mobile home on the property .

Do I have to buy the mobile home

Anthony M. Avery
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Anthony M. Avery
answered on Mar 2, 2023

Probably need to hire an OR attorney and sue sister for possession (eviction). MH might be considered a fixture which you take, but has a certificate of title.

1 Answer | Asked in Real Estate Law for Oregon on
Q: How do I vest a title for a "gift" house to my daughter to ensure her spouse has no claim to it in the case of divorce?

The house is in Oregon. My husband and I own the house outright. My daughter's family has lived in it for nearly 2 years as renters. We see the house as our daughter's inheritance, she's just getting it before we die. We want to ensure it remains her house even if she and her... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Feb 9, 2023

A Future Interests Deed from you all to your Daughter for Life, then Remainder over to the named Grandchildren as Tenants In Common would be a possibility. Many other conveyances might also work well. Hire a competent UT attorney to draft, execute and record it. Tax consequences should also be... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Oregon on
Q: What statute of limitations apply to tenants by the entirety deeds that are challenged by grantor's heirs due to fraud
Seth Meyerson
Seth Meyerson
answered on Jan 25, 2023

Generally, seven years for fraud. See an attorney, there may be facts that allow more time based on the later discovery of fraud.

1 Answer | Asked in Real Estate Law for Oregon on
Q: My HOA is placing a large assessment on my home, and will not show me where my money was spent

HOA has never once had a meeting or vote, however, treasurer owns 13/20 homes in the HOA, and has been "voting" by himself, winning by majority. I am selling my home and told of an 9200 assessment due to depletion of funds and to pay off a loan they took out without notifying homeowners.... Read more »

Katherine Goodman
Katherine Goodman
answered on Oct 21, 2022

There is no question for any attorney to answer on this platform.

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Small Claims for Oregon on
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?

His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.

Katherine Goodman
Katherine Goodman
answered on Oct 11, 2022

Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: In leaving my house to my step-daughter. Is it better to add her name to the property before I die, or will it to her?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2022

Executing a Deed to her takes effect now, even if it is a vested Remainder taking possession at your death. Wills must be Probated for the Will to have any effect, which also attracts other relatives and creditors.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have a renal agency coming after me for money and it has been 2 years and 2 months since I moved out, is this legal?

Apartment in Portland, Oregon. I read OR 12.125 and wondered if this applies to my situation.

Katherine Goodman
Katherine Goodman
answered on Sep 1, 2022

Short answer is maybe, because without more facts it is difficult to answer your question. It would be important what your former landlord is alleging that you owe them, if you were evicted from the property and a judgment was entered against you which creates a lien, if an accounting statement was... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do tenants have right to cure in Oregon with 30 days notice?
Katherine Goodman
Katherine Goodman
answered on Jul 12, 2022

It depends on the violation of the lease agreement. Under Oregon Law certain violations allow the tenant 14 days to cure the violation and if the violation is not cured by the deadline stated within the Notice to Cure, the tenant's tenancy will be terminated within 30 days of the notice being... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Does a real estate attorney cover everything pertaining to the sale of a home?

Would this cover all the paperwork needed to sell the house?

Katherine Goodman
Katherine Goodman
answered on Jul 13, 2022

Not all real estate attorneys practice every facet of real estate law. You will need to contact the attorney to find out if they can assist you with the area of law you need help with.

good luck.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Question on maintenance on outside trees for an HOA when damaged is done to a vehicle

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 17, 2022

To safely answer the question, I would need to see the underlying lease agreement and contract with the HOA and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees. There... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I recently bought property from a friend. We closed escrow May 13 but she won't leave. What do I do?

We have both resided on the same property for 3 years. I recently bought it and she was supposed to leave for New Mexico. Our purchase agreement says property will be delivered at funding. Now she has had all of the money for almost 6 weeks and has only packed a few boxes and there is trash... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 14, 2022

You will have to hire a competent OR attorney to file an eviction proceeding.

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